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Tuesday, May 26th, ISO/.
Present the same judges as on yesterday.
The grand jury were called, and adjourned
over till the next day.
On the motion made yesterday to commit
Col. Burr on the charge of treason, the Chief
Justice delivered the opinion of the Court as
follows:
In. considering the question which was ar
gued yesterday, it appears to be necessary to
decide:
Ist; Whether the court sitting as a court,
possesses the power to commit any person
charged with an offence against the United
States.
2nd!y; If this power be possessed, whether
circumstances exist in this case which ought
to restrain its exercise.
The first point was not made in the argu
ment, and would, if decided against the at
torney for the United Stares, only change the
mode of proceeding. If a doubt can exist res
pecting it, that doubt arises from the omission
in the laws of the United States to invest their
courts, sitting as courts, with the power in
question. It is expressly given to every' jus
tice and judge, but not to a court.
This objection was not made on the part of
Col. Burr and is now mentioned, not because
it is believed to present any intrinsic difficulty,
but to show that it has been considered.
This power is necessarily exercised by courts
in discharge of their functions, and seems not
to have been expressly given, because it is im
plied in the duties which a court must perform,
and the judicial act contemplates it in this
light. They have cognizance of all crimes
against the United States; they are composed
of the persons who can commit for those
crimes; and it is obviously understood, by the
legislature, that the judges may exercise col
lectively the power which they possess individ
ually, so far as is necessary to enable them to
retain a person charged with an offence in or
der to receive the judgment which may finally
be rendered in his case. The court say this
is obviously understood by the legislature, be
cause there is no clause expressly giving to the
court the power to bail or to commit a person,
who appears in discharge of his recognizance,
and against whom the attorney for the United
States does not chuse to proceed, and yet the
■33 d sect, of the judicial act, evinces a clear
understanding irfthe legislature, that the pow
er to take bail is in possession of the court.
If a person shall appear in conformity with
his recognizance, and the court passes away
without taking any order respecting him he
is discharged. A new recognizance, there
fore, or a commitment on the failure to enter
into one, is in the nature of an original com
mitment, and this power has been uniformly
exercised.
It is believed to be a correct position, that
the power to commit for offences of which it
has cognizance, is exercised by every court of
criminal jurisdiction, and that courts as well as
individual magistrates are conservators of the
peace.
Were it otherwise the consequence would
only be that it would become the duty of the
judge to descend lrom the bench, and in his
character as an individual magistrate, to do
that which the court is asked to do.
If the court possesses the power, it is certain
ly its duty to hear the motion which has been
made on the part off the U S. for in cases of
the character of that under consideration, its
duty and its power, are co extensive with each
other. It was observed when the motion was
made, and the observation may n<sw be repeat
ed, that the arguments urged on the part of
the accused rather prove the motion on the
part of the U. S. unnecessary, or that incon
veniences may result from it, than the want of
a legal right to make it.
The first is, that the Grand Jury being now
in session ready .to receive an indictment, the
attorney tor the United States ought to proceed
by bill instead of applying to the court, since
the only purpose of a commitment is to bring
the accused before the Grand Jury. This
statement contains an intrinsic error which
destroys its operation. The commitment is not
made for the sole purpose of bringing the ac
cused before a Grand Jury; it is made for the
purpose of subjecting him personally to the
judgment of the law, and the Grand Jury is
only the first step towards that judgment.
„ If. as has been argued, the commitment was
simply to detain the person until a Grand Jury
could be obtained; then its operation would
cease on the assembling of a Grand Jury ; but
such is not the fact. The order of commit
ment retains its force while the Jury is in ses
sion, and if the prosecutor does not proceed,
the court is accustomed to retain a prisoner in
confinement, or to renew his recognizance to
a subsequent term.
The arguments drawn from the general poli
cy of our laws, from the attention which should
be bestowed on prosecutions, institused by spe
cial order of the executive, from the peculiar
inconveniences and hardships of this particular
case, from the improper effects which inevita
bly result from his examination, are some of
* subjects for the consideration of those
who make the motion, rather than of the court,
Scothersgo to the circumspection with which the
testimony in support of the motion ought to he
weighed, rather than to the duty of hearing it.
It has been said that Col. Burr already
stands charged with treason, and that, there
fore, a motion to commit him for the same of
fence is improper But the fact is not so un
derstood by the court The application to
charge him with treason was rejected by the
judge to whom it was made, because the testi
mony offered in support of the charge did not
furnish probable cause for the opinion, that the
crime had not beer committed. After this re
jection, col Burr stood so far as respected his
legal liability to have the charge repeated in
precisely the same situation as if it had never
been made. He appears in court now as if the
crime of treason had never before been alledg
ed against him That it has been ailedged,
that the governmemt has had time to collect
testimony for the establishment of the fact,
that an immense croud of witnesses are attend
ing for the purpose, that the prosecutor in his
own judgment has testimony to support the
indictment, are circumstances which mav have
their influence on the motion for a commit
ment, or on a continuance, but which cannot
j deprive the attorney for the U. S. of the right
Ito make his motion. If he was about to send
1 U P a bili t 0 tbe grand jury, he might move
that the person he designed to accuse, shoald
t oe ordered into custody and it would be in the
c discretion of the court to grant or to reject the
> motion.
The court perceives and regrets that the re
sult ot this motion, may be publications unfa
-1 vorable to the justice, and to the right decision
of the case ; but if this consequence is to be
, prevented, it must be by other means, than by
refusing to hear the motion. No man feeling
a correct sense of the importance which ought
to be by all to a fair and impartial
adminia Jp ion of justice; especially in crimin
al prosecutions, can view without extreme so
licitude, any attemjr which may be made, to
prejudice the public judgment, and to try any
person not by the laws of his country and the
testimony' exhibited against him ; but by pub
lic feelings, which may be and often are artifi
cially exercised against the innocent as well as
the guilty. But the remedy, for a practice not
less dangerous than it is criminal, is not to be
obtained by suppressing motions, which either
party may have a legal right to make.
If it is thd choice of the prosecutor on the
part of the U. S. to proceed with his motion,
it is the opinion of the court, that he may
open his testimony.
Mr. Hay then rose and declared that he was
fully sens : ble of the inconveniencies which
might result from a public examination of the
witnesses at this stage of the prosecution; that
nothing but the necessity of taking this step,
to secure the appearance of Col. Burr to an
swer the charge had induced him to make the
motion for commitment. He was willing
therefore, if any arrangement could be made,
to attain the same end, and to obviate the in
conveniencies mentioned by the court, that
such arrangement should be made He ob
served that he understood from the counsel on
the other side that they were disposed to con
fer with him and the gentlemen who assisted
him, on the subject of adopting some such ar
rangement. He proposed therefore with the
permission of the court to retire for a short
time for the purpose of holding the conference
proposed.
The court having consented, the counsel on
both sides reliredto gether; and returning, after
an absence of a few minutes, informed the
court that they had not been able to come to
an agreement, and wished further time to con
sider the course which it might be most ad
viseahle to pursue;—to which the court ac
ceded.
The case of Col. Burr was therefore, with
j out any further proceedings at present, adjourn
j ed until the next day.
COLUMBIAN CENTINEL.
SATURDAY, JUjYE 13.
—
MARRIED, in Burke county , on the
28 th ult. Mr. William Marrurt, to
Mins Mart MilYox, daughter of Col.
John Milton .
Savannah, June 6.
LYDIA.\ ALARM.
Extra et •fa let ter from St. Mary’s dated
May 31, received this morning by a
gentleman of this city.
“ We are very much agitated with an
Indian alarm, which, I am really inclin
ing to think, will cause a failure of our
June court. Two Indians have been
down St. Mary’s river, to a place called
Trader’s Hill, and killed a man of the
name of Greene, in a most horrid and
cruel manner. It appears, that they
were well fed and treated by Green ; af
ter which he took his seat in a shade
out at the door, when they both took
their guns, fired through him, and cut
open his bowels with their knives. His
wife and children, we understand, were
not molested in their escape.
“ William Ashley and some others
went after them two days since, if I mis
take not; and last night, about twelve
o'clock, an express came with orders
from Gen Floyd, ordering out our troop
of horse in pursuit of the offenders, and
some of the foot, if necessity requires.
A party of the horse, say six or eight
are gone.*’
Norfolk, May 23.
Extract of a letter fi om Philadelphia , da
ed on the evening of May 16.
“ A vess-l (arrived this morning from
La Rochelle in 40 days) announces,
that a great battle had taken place be
tween the French and Russians, on the
23d of March, that lasted 14 hours;
when the French remained masters of
of field and country, having killed and
wounded 26,000 Russians (left on the
ground) and taken 15,000 prisoners,
among whom is the commander in chief
general Benningsen!
“ I have seen all the particulars, and
all the details of this battle, in letters, to
Messrs. Garonches Sc Co. of Rochelle.
45 The French army, including Poian
ders, and the Bavarians, is estimated at
400,000 men on the Vistula and in its
neighborhood.”
On Saturday evening, the 16th in
stant, Cape Henry bearing W. about 8
leagues distant, the brig Augusta, Mez
ick, from Manilla, bound to Baltimore,
was captured by the British frigate Mel
ampus, the Bermuda sloop of war in
company, and ordered under convoy of
the fatter vessel for Bermuda.——
The next day, In sight of Cape Henry,
the Malampue captured the sch. Mes
senger, White, from Baltimore, bound
to Barcelona. A passenger in one of j
the vessels, tvho favored us with thj
above particulars, also informs us, that
these captures were made in conse
quence's he stas informed, of late in
structions. Norfolk Ledger.
Captain Strange, from Alicant, in
forms, that Buonaparte had demanded
from the king of Spain, 30,000 men ;
that a part of the above troops had
marched from Alicant, for Madrid, and
that on the Bth of March they left Ma
drid for France. It was reported at Ali
cant, that the Tunisians were about to
declare war against the United States.
A. Y. Commercial Advertiser.
On Wednesday forenoon at the Marine
Baracks, John C. Love, late a Lieuten
ant of the Mariene Corps, in a fit of in-,
sanity, put an end to his existence—His
remains were yesterday removed by his
relations to be buried at his brothers,
farm, Salisbury, Virginia.
National Intelligence.
The Cotton Factory at Patterson,
New-Jersey, was destroyed by fire on
the night ofthe loth ult. including all
the machinery and a quantity of un
manufactured Cotton. The loss is es
timated at upwards of 20,000 dollars.
[By Last Evening’s Mail.]
Charleston , June 5.
By the arrival of the ship Northern Li
berties, we have been favored vviih Glas
gow papers to the 19th April, furnishing Lon
don accounts to the 16th April.
V; lie most interesting article we notice, is,
the passing the Dardanelles by the British fleet
under Admirals Louis, Duckworth, and Sir
Sydney Smith, on the 19th February. The
seven torts or towers which protect the pas
sage, \vere_soon silenced—The Turkish fleet
consisting of a few ships of the line, and se
veral irigates, ( no certain account is received
of the precise number) were destroyed Con
stantinople being summoned, the Divan con
cluded a peace, upon the terms dictated by the
conquerors, the principle articles of which are,
that the English are to keep possession of the
Dardanelles, until the conclusion of a general
peace ; and that certain of the Turkish for
tresses Tie garrisoned by Russian troops as a
security for the fidelity of tire Porte Incon
sequence of this event, the Russian troops,
under Gen. Michelson, which were advancing
against the Turks, would, it was supposed,
immediately join the main army under Bening
sen, in Poland.
The latest accounts from the Continent,
state, that the French head-quarters were at
Osterode, on the 22d March—sevetal sthart
actions had taken place between the advanced
corps of the hostile armies, but no result of
great importance had been obtained—The Rus
sian troops are reported to have advanced be
yond the Passarge, while the French are said
to be retreating across the Vistula.
In England, the new Ministry have succeed
ed in obtaining majorities in both Houses of
Parliament; in consequence of which, it was
supposed, there would be no dissolution.
Accounts of the Rejection of the Treaty by
the President, have been received in England.
This measure, it was apprehended, would lead
to a rupture between the two countries—an
embargo on American shipping in the ports of
Groat-Britain, was expected.
m : <S&: : <2>: Mi .
AUGUSTA PRICE CUR REA T.
Cotton 18 cents.
Tobacco none in market.
Salt 75
Corn Meal Si 25
' '* i in— iin i
B. Bignon & Sons,
INFORM their friends and the public
in general, that they have removed
from their old stand, and at present oc
cupy their NEW BRICK HOUSE,
one door below the store they were in
before. They continue to keep a
Handsome Assortment of
Dry Goods, and
Groceries,
all of which they will sell at a mode
rate price for cash or produce.
June 13. 3t 4 7
Notice.
ALL persons having unsettled ac
compts with the subscriber are
earnestly requested t o call on Mr.
DAVID J\PKIANRY, and make pay
ment, or liquidate the same imme
diately.
SAMUEL WIG FALL.
June 13t 47 •
NOTICE.
r ~r' r HE subscriber respectfully IfiToi'ins
JL those that are indebted to him,
that if they do not come forward and
! make payment, suits will be indiscrim
inately instituted against them.
THOMAS MILES.
Augusta, June 13, 1707. 47
Samuel Wigfall,
Informs his friends and the fiublic that
he has taken Mr. Da rin M'Kinsx t
into Co-partnershift, and (hat theit
business will hereafter be car
ried on under the firm ot
Wigfall & M' Kinney
By this arrangement they will hr
enabled to keep on hand a constant
supply of the best selected materials,
SADDLES,
BRIDLES, HARNESS, CY.
AT THEIR
Manufactory,
NEAR THE
CITY-HOTEL, AUGUST/ *
Where orders shall be particularly
attended to, and they hope, from their
attention to business, and from the faith
ful execution of their workmanship, to
merit a continuance of those favors that
have been so liberally conferred.
May 30. 2m 45
3000ibs.
Prime Coffee,
in Bags and Barrels, for Cash or Pro
duce. BARRETT Sc SIMS.
April 18. 39
SHERIFF’S SALE.
On the first Tuesday in July next, at
the Court House in Lincoln county ,
at the usual hours,
Will be Sold,
1200 ACRES of land, more or
less, adjoining Oliver Jeter and others,
on Savannah river; taken as the pro
perly oi Henry Jinning, to satisfy an
execution in favor of Nancy Hicks, Ad
ministrator ot lohn Hicks, vs. Henry
Jinning and Moody Jinning.
ALSO,
111 acres of land more or less,
adjoining lands of John Hammock anti
others, on the waters Loid’s creek;
taken as the property of Micnjnh Hen
dry, to satisfy an execution in favor of
William Johnston.
ALSO,
200 Acres of land in Lincoln
county, adjoining Robert Paul and oth
ers, levied on as the property of Bur
ton Hawes, Walker Hawes, and Wil
liam Picket, at the instance of the ad
ministrators of Basel Lamar, senior
deceased ; pointed out by the defend
ants. ALSO,
Two pair of chain traces, two
pair hatties, 2 backhands, one swingle
tree, one hand-saw, and one narrow
axe ; taken as the property of William
Linvill, to satisfy an execution in favor
of Philip Jones.
Conditions, Cash.
John Stovall, d. s. l.
May 30. 45
“GEORGIA^
Warren County. $ Personally ap
peared before me, Isaac Ball, one of
the justices assigned to ktepthe peace
in the county aforesaid, Mary Perryman,
who being duly sworn on the Evange
lists of Almighty God, cV'poseth and
saith, that in the month of February,
one thousand seven hundred and seven
ty or seventy one, but cannot be certain
as it respects the date, Thomas Henry,
husband ot the deponent’s daughter,
Levina, gave unto Ric hard Perryman,
husband of the deponent, his certain
instrument in writing commonly called
a bond, (in consideration of the said
Richard’s giving unto him the said Tho
mas a certain Negro Girl named Sail,
together with other property) bearing
date as aforesaid, in the county of Pitt
sylvania, state ol Virginia, to the am ount
of one thousand pounds, Virginia cur
rency, that he the said Thoma s nor his
heirs or assigns would neve,* demand,
take or receive any part or legacy of
the estate of the said Richard, and that
the said 1 homas, in his own proper
person, made his usual marl; thereto,
sealed and delivered, the said bond unto
lum the said Richard, for the within
mentioned purposes, and that Hugh
Henry, sen’r. was a subscribing witness
thereunto ; and that the aforesaid bond
is either lest or mislaid.
her
MARY * PERRYMAN.
TTiHl’k*
j Sworn to this 22d Afrit, 1867,
Isaac Ball, J. P,